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HomeMy WebLinkAboutContract 38892 CS # 01902-4,8-505 District # 02-Fo rt Worth Code Chart 64 # 50-1,5000 h Pro ect- West 7 t St. over Clear Fork of IN, A L rinitv and Porest Park Blvd. NBI Stnicture # 0222010ZZ7600001 CFDA # 20.205 STATE OF TEXAS § R E 1 TAr, 4�� COUNTY OF TRAVIS, § oicy:' yii ADVANCE FUNDING AGREEMENT For Brifte Replacement or Rehab flitation Off the State-Systein THIS Advance Funding Agreement (the Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation) hereinafter called the "State"', and the City of Fort Worth, acting by and through its duly autlion'zed officials, hereinafter called the"Local Government." WITNESSE TH WHEREAS, Title 23, United States Code Sectloji 144 authorizes, federal funds to assist the States in the rcplacenient or rehabilitation of deficient bridges located on public highways, roads and streets., including thoscUlIder the jurisdiction of local gone ninients; and WHEREAS, the Texas, Transportation ("ode, Sections 2()1.1 13 and 222.052 establish that the State shall plan and make policies for the consti-Liction of a comprehensive systeni, of state highways and ptiblic roads in cooperation, with local governments; and WHEREAS, the Local Government owns a bridge or bridges located on a plub�lic road or street located at West 7th Street over Clear Fork of Trinitv and Forest Park BI and said bridge(s) is included in the currently approved off state system federal-aid flighway Bridge Replacement and Rehabilitation Program (HBRRP) as authorized by Texas Transportation Commission Minute Order number 1 [0479, dated ',March,-2006; and WHEREAS, the Governing Body of the Local Coven-mient has approved entering into this Agreement by resolution or ordinance which is attached hereto and made a part hereof as Attachment A and which provides for development of the specific programmed replacement or rehabilitation project, hereinafter called the "Pr oject", ,identified in the location map, shown as Attachment B. NOW, THEREFORE, in consideration of the prernises and of the mutual covenants and agreements o ', 1 11. w4 lm�� by them respectively kept and performed as hereinafter set forth it is agr-eb RECORD , 'J 7 1 CnY SECRETARY b, Brid,ge-Bridg —A WORTH,TX Page I of 16 Bridge, Division. Rev 02/02/09 012-20O2-L.I lht C'SJ 4 0902-48-505 District # 02-Fort Worth Code Chart 64 4 50-15000 Project-, West 7"' St. over Clear Fork of 1"Tin"Ity,and Forest Park Blvd. NBI Structure # 022200ZZ7600001 GFDA AGRIEEMENJ, I Period of this Agreement This Agreement becomes effective when SIgne(I Dy the last party whose signing makes the ,Agreement fully executed. This Agreement shall remain in effect until terminated as provided in Article 2. 2. Conditions for Termination of this Agreement a. The Agreement is ten-ninated in writing with the mutual consent ofthe parties,- or b. Breach Of this Agreement, in which case any cost incurred shall be paid by the breaching party; or c. If the Local Government elects not to develop the project and the project does not proceed, in which case the Local Government agrees to reimburse the State for 1,00 percent f its reasonable actual direct and indirect costs incurred for the project. 3. Amendments Amendments to this Agreement may be made due to changes in the character of the work, the terms of the Agreement, or the responsibilities of the parties. Amendments shall be enacted through a mutually agreed upon,,, written atnendment executed by all parties to this Agreement. Under no circumstances will the State and Federal funding participation exceed $12,000,000 after amendment(s). 4. Remedies This Agreement shall not be considered as specifying the exclusive rerneoy tor any 0 Agreement default, but all remedies existing at law and in equity may be availed of by either party to this Mgr eern ent and shall be cumulative. 5. Scope of Work The scope of work 1or this, Agreement is the re placers ei,,it or rehabilitation of the bridge(s) identified in the recitals of this, Agreenient. This replacement or rehabilitation shall be accomplished in the manner described in the plans, specifications and estimates, developed in accordance with this Agreement and which are incorporated herein by reference. Bridge_B,ridge_AFA Page 2 of 1.6 Bridge Division Rev 02/02/09 02-2002-L.I CSJ' # 0902-4,8-505 District # 02-Fort Worth Code Chart 64 # 50-15000 Project: West 7 Ih St. over Clear Fork of Tri.nit,y and Forest P,ar Blvd. N'BI Structure # 02220OZZ7600001 CF'DA # 20.205 6. Right of Way and Real Property The Local Government is responsible for the provision and acquis,ition of all necessary right of way and will not be reimbursed with federal or state funds for the required right of way. The Local Government authorizes the State its consultant, contractor, or other designated representative to enter the site(,) of said ridge s, and adjacent right of way or relocation right of way to perform surveys, inspections, construction and other activities, necessary to replace or rehabilitate said bridge and approaches. 0 7. Adjustment of Utilities The Local Government shall be responsible for the adjustment, removal, or relocation of 1 utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures,, including any cost to the State of a delay resulting from the Local Government's failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Governs rent will not be reimbursed with federal or state funds for the cost of required utility work." The Local Government must obtain advance approval for any variance from established procedures. Before a,construction contract is let, the Local Government shall provide, at the S,tate's, request, a certificatiot'i stating that the Local Government has completed the adjustment of" all utilities that must be adjusted before coiistruction is completed. 8. Environmental Assessment and Mitigation Development of the Project must comply with the National Environmental Policy Act and the National Histon*c Preservation Act of 1966, which require enviroi-mienta.1, clearance of federal-aid projects. a. The State is responsible for the identification and assessment of any environmental problems, associated with the development of the Project governed by this Agreement. b. The Local Government will pay for the first, $100,000 towards the cost of the environmental assessment, and remedial work. Any additional cost, over $100,000, for the envirom-nental assessment and remedial work shall be paid by the parties in the same ratio as of 9�0% State and Federal, 10% Local, Government and will be included in the construction costs identified in Attaclunent D, "Estimate of Direct Costs" C. The State is responsible for providing, any public meetings or public hearings required for development of the environmental assessment Bridge-Bridge—AFA Page 3 of 16 Bridge Division Rev 02/02/09 02-2002-L.I CC'S J # 0902-48-505 District # 02-Fort Worth Code Chart 64 # 50-15000 Project,: West 7I St. over Clear Fork of Trinity_gjLd Forest Park Blvd. N131 Structure # 022,20OZZ7600001 CFDA # 2,0.205 The State will not begin construction of the Project until identified environmental problems have been remediated, unless provided for otherwise., 9. Compliance with Texas Accessibility Standards and ADA All parties to this, Agreement shall, ensure 'that the plans for and the coC ns,truction of the Project subject to this AgreCITIeDt are in comp�liance with the Texas Accessibility Standards, (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The AS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the A.mericans with Disabilities Act (P.L. 101-336) (ADA). I O Architectural and Engineering Services will be Provided by the State The State is responsible for performance of any required architectural or preliminary engineering work. The l; Government may review and corm-nent on the work as required to accomplish the public purposes of the Local Government. The State will cooperate fully with the Local Goverru-nent in accomplishing these local public purposes to the degree permitted by state and federal law. The Local Cove gent review shall not unduly delay the development of the Project. 11. Construction Responsibilities a. The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders,, which may become necessary SUbsequent to the award of the construction contract. In order to ensure federal funding eligibility, prQjects must be authorized by the State prior to advertising for construction. b. Upon completion of the Project., the State will issue a"Notification of Completion, acknowledg-Ifig, the Project's construction completion. 12. Project Maintenance After the Project has been completed, the Local Coven i-ment,shall accept full ownership, and operate and maintairi the facilities authorized by this Agreement for the benefit of and at no charge of toll to the public. This covenant shall survive the completion of construction under this Agreement. B ridge-Bfidg�_AFA Page 4 of 16 Bridge Division Rev 02/02/09 02-200�2-L.I CSJ 4 O�9�O�2-48-50�5 District # 02-Fort Worth Code Chart 64 4 50-15000 Pr 'ect-, West 7'11 St. over Clear Fork of 01 Trijilty and Forest Par�k Blv�d. NBI StrUettire#O'")??OOZZ7600001 CF'DA # 20.205 13. Local Project Sources, and Uses of Funds a. A Project Cost Estimate is provided in Attachnient,D, "Estiniate of Direct Costs b. Attachnient D prov,ldes a SOUrce of ftinds est'iniate as well as the estimated direct preliminary eng,ineering, construction engineering, anid constnichon,costs for the Project in total and by the Local Goveniment, c. The required Local Govemnientparticipation 'is, based SOICIY Upon the State's estimate of the eligible work at the time this Agreement is executed, arId will not be adjusted duriDuconstructilon except as needed to inclUde any ProJect cost item of orfion of a 0 P I cost item ineligible for state or federal participation. hi addition,to its share of 1 0 - estimated direct engineering and construction co�sts, the Local Governmentis, 'ble forthe direct cost ofa�iiyproject cost item or portion of a cost item that is responsi not eligible for federal participation tinder the federal HBRRP, The Federal and State participation is capped at the amOLMt of$12,000,000 wl'th no adJUStMent for inflatioll. The Local Governnient will be resplionsible for all costs, above$,1 0010,000. d. AR-er execution of this Agreement,,but thirty(30) days pn'o,r to the perfori-nance of al-ly work by the State, the Local Goveniment will remit a chec]( or warrant made payable to the "'Texas Departinent of Ti-cruisportation" 'in the aniowit speclTied in Attachment D for the Local Govemnlwnt's contribution for prelimmary engineering. The Local Governii-ilent will pay at a m'IniMLIM its funding share for this estimated cost of- preliminary engl''I'lleel-Ing, e. Forty-five (45) days,prior to the date set for receipt of the constniction bids, the Local Govern,ment,shall remilt 'its remaining,financtal share for the State's,estimated constructioll oversight and construction costs and any other costs owing, f. if at the completloii or terniination of the Project the State detennines that additional funding is reqUired by the Local Government, the State shrall notify the Local Goverriiiient in writing. The, Local, Governnient shall make payinent to the State within thirty(30) days from receipt of the Sta,te's wn'tten notification, g. Upon completion o�f the Project, the State will perfoln-n an audi*t of the Project costs. A.ny fands, due to, the Local Goveninleilt, tile State, o'r the Federal Goveniment will be, promptly plaid by the owing party, h. The State will not pay interest on aiiy funds provided by the Local Governi-iient, i. The Local Govert-iment funding participation responsibilities incWde Project direct costs, onily, except when the Project is teniiinated before completion atthe request of the Local Goverriment as addressed in the Termination provision of this Agreement. 1*1 al payment"non- j If the Project has belen approved for a"fixed,p 'ce"or an"incremeritt st,andard funding or pariient agreement, under 43 TA,C § 15.52, this Agreement will clearly state the aniount ofthe fixed price or the incremental payment schedule. k. Under the provisions of Texas Transportation Code Section 222,053 certain cotinties qualify as Economically Disadvantaged Cotintles (EDC) in companson to otlier counties in the state as below average per capita property value, and below average per c ita i a,pi inconie, and above average unemployment, for,certain years. It"applicable, in Bridge-Bn'dge,_AFA Page 5 of 16 Bridge Division Rev 02/02/09 02-�20012-L.1 CS # 0902-48-505 District # 02-Fort Worth Code Chart 64 # 50-15000 Pro ect* West 7"' St. over Clear Fork of Trinitv and Forest Park Blvd. NBI Structure# 02220OZZ7600001 CFDA # 20'.2015 consideration of such EEC status that may be applicable for the Project, the re uired local match fund partic ipation has been ad usted to.1 0 (Ten) percent. i 1. The State will not execute contract for the construction of a Project until the require d f unding has, been made available by the Local Government in accordance with this Agreement, m. The state auditor may conduct an audit or investigation of any entity receiving funds, from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of`the legislative audit committee, to conduct an audit or it in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access, to any information the state auditor,considers relevant to the investigation or audit. 14. Performance by Local Government of Equivalent-Match Projects (E MPs) in Return for Waiver of Local Match Participation Funding on Participation-Waived Projects (PWPS) a. Applicability, If a request Bor waiver has been received and approved by the State's District Engineer,, then the required ten percent matching and participation or percent as adjusted for EDC consi derati On,, as shown in Attachment D. "Estimate of Direct Costs". but excluding ineligible costs under the bridge pro gram, is waived. This waiver is based on the commitment of the Local Government to spend an equivalent amount of funds for structural. or safety improvement on "other"bridge structures and other conditions as specified in 43 SAC Section 15.55(d). If a waiver has been granted, the Project ect shall be defined to be a Part icipation-Wai ved Pry"ect 'W'P and the work on J 1 the "other" bridge structures that will be improved by the Local Government shall be defined to be the Equivalent-Match Project(s,) (EMP). Attachment C to this Agreement shows a list of EMP(s) Linder this Agreement. b. Project Cost Estimate for PPP. Attachment D to this Agreetnent shows the estimated direct preliminary engineering,, construction engineering ng and construction costs for the PWP in total and 1. coal match fund participation being waived, or partially waived. c, Credit Against EMP Work., Any local match fund participation,that has already been paid, or which the Local Governnient is agreeable to paying to the State, will be credited against EMP work, to be performed, by the Local Government. If applicable, this credit(s), will be reflected in Attachment D to this Agreement. Bridge-: ride_AF A Page 6 of 16 Bridge Division Rev 02/0;2/09 02-20,02-L.I WSJ # 09,02-48-505 District # 02-Fort Woilh Code Chart 64 # 50-15000 Project: West 7th St. over Clear Fork of Trinity,-cin( Forest Park Blvd, j_ NCI Structure # 02220OZZ7600001 CFDA # 20,205 d. 'Responsibilities of the Local Govenunent on EMP(s). (1) The Local Government shall be responsible for all engineering and construction, and related costs thereto, and comp�lying with all applicable state and, federal environmental regulations and permitting requirements. (2) The structural or safety improven-lent work on the EMP(s) shall be performed subsequent to the final execution of this Agreement but within three (3 calendar years after the earliest contract award of the related PWP(s). (3), Written documentation, sultabile for aud'it, of the structural or safety improvement work completed on the EM s, shall be kept on file by the Local Government for four (4) years after completion of work or claims, lawsuits, or audits related thereto, whichever is longer. A notice of completion of work on the EMP(s) shall be delivered to the Mate's District Engineer no later than thirty (30) calendar days aft er work is completed on the EMP(s),. (4) Failure by the Local Government to adequately complete the EMP(s) within the stated three-year period shall result in the Local Government being excluded from receiving such waivers for a minimum of five (5) years. e. Funding of Ineligible or Additional Work Note Waived. Regardless of any waiver of eligible program costs, the Local Government shall pay the State 100 percent of the cost of any PWP item or portion of a cost item that is not Cligiblefor federal or,state participation, and 100 percent of the costs resulting from additional work on the PWP performed solely at the request of the Local,, Government. If the ineligible or additional work is preliminary engineering, tne payment shall be made at least thirty(3 0) days prior to the begirming of preliminary,engineering work on the PWP. If the ineligible or additional work is for construction or construction engineering, the payment shall be made at least forty-five (45) days prior to the d,,,ite set for receipt of bids for construction of the PWP. 15. Notices All notices to either party by the other required under this, Agreement shall be, delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: State. District E,ngin..eer Mariblel P. Chavez, P.L. Texas Department of Transportati,on 1 2501 S.W. Lool) '"z_1t)U Fort Worth, Texas 76133 Local Government: Mayor Mike Moncrief 1000 Thiockmorton Street Fort Worth, Texas 76102 Bridge- ridge_.. Page 7 of 16 Bridge Division Rev 02/02/019 02-2002-L.I ............ CSJ # 0902-48-505 District # 0,2-Fort Worth Code Chart 64 # 5 -1.5 000 Pro: ect- West 7"' St. over Clear Fork of T rest Park Blvd. N'BI Structure # 02220OZZ7'600001 CFDA #120.2015 All notices shall be deemed given, on the date so delivered or so de os'ted in the mail, * It p I unless otherwise Provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified. U.S. ma,11 and such request shall be honored and carried out by the other party. 16. Legal Construction In case one or more of the provisions contained 'in this Agreement shall for any reasion be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision. 17. Responsibilities of the Parties The parties to this Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents,. 18. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this Agreement shall be made available to the State without restriction, or limitation on their further use., All documents produced or approved or otherwise created by the Local Gov err iment, shall be transmitted to the State in the form of he reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government,. At the request of the State, the Local Government shall submit any infon-nation required by the State in the format directed by the State. 19. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules ,and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Local Government shall fumIsh the State with satisfactory proof of this compliance. Bridg-e-B rid ge_AFA Page 8 of 16 Bri'dge Division Rev 02/02/09 02-2002-L.I ........................... CSJ # 0902-48-505 District # 02-Fort Worth Co�de Chart 64 # 510,-15000 t Pro ect- West 7'h St. over Clear Fork of Trinitv and Forest Park Blvd. N131 Structure# 02220OZZ7600001 CFDA # 20. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting this AgTeemeit's subject matter. 21. Office of Management and Budget (OMB), Cost Principles In order to be reirribursed with federal funds, the parties shall, com ly with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs, are allowable, reasoner le and allocable to the Project. 22. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR §18.32. 23. Inspection of Books and Records The parties to the Agreement shall maintain all books, documents, papers, accounting records and other documentation relating to, costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the Federal Highway Adniinistration (FHWA), and the U.S. Office of the Inspector General, or their duly authorized representatives for review andinspection at its office during the contract period and for, four (4) years from the date of completion of work defined under this contract or until any impending litigation, or claims, are resolved., Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applica le ,to this Agreement for the purpose of making audits,, exan-linations, excerpts, and transcriptions. 4-&-4 24. Office of Management and Budget (OMB) Audit Requireents m The parties shall comply with the requirements of the dingle Audit Act of 1984, P.L. 98 2, ensuring that the single audit report includes the coverage stipulated in OMB Circular No. A-128 through, August 31, 2000 and stipulated in OMB Circular A-133 after August 31, 2000. Br dge ridge—AFA Page 9 of 16 Bridge Division Rev O�2/02/09 02-2002-L.I CSJ # 0902-48�-,505 District# 02-Fort Worth Code Chart 64 # 50-15000 Project: West 7th St. over Clear For of Trinity and Forest Park Blvd, NBI Structure # 022200ZZ7600001 CFDA # 20.205 25., Civil Rights Compliance The parties to this Agreement shall comply with the regulations of the 'U.S. Department of Transportation as they relate to nondiscrimination (49, CF R Chapter 21 and 23 CFR .§710.,405(B)), and Executive Order 11246 titled "Eq,ual Employment Opportunity," as amended by Executive Order 1,1375 and supp,lemented in the Department of Labor Regulations (41 CF'R Part 60). 26. Disadvantaged Business Enterprise Program Requirements The parties shall comply with the Disadvantaged/Minority Business Enterprise Program requirements established in 49 CSR Part 26. 27, Debarment Certificatiolls The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this agreement, the [Contractor,, Local Govenm-ient, Engineer, or whatever] certifies that it is not currently debarred, suspended, or otherwise excluded from or 'ineligible for participatioi,-i in Federal Assistance Programs under Executive Order 125,49., The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive Federal funds and, when requested by the State, to furriish ct copy of the certification. 28. Lobbying Certification In executing this Agreement, the signatories certify to the best of his or her knowledge and belief, that. a. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing,or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the mal,,,-iiig of any federal grant, the making of any -federal loan, the enten'ng into of any cooperative agreement,, and the extension, continuation, renewal., amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b. If'any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Bodge-Bridge_AFA Page 10 of 16 Bridge Division Rev 02/02109 0,2-200,2-L.I CSJ # 0902-48-505 District# 02-Fort Worth Code Cha,rt 64 # 50-15000 Project-, West 7" St. over Clear Fork of TrinlLy and Forest Park Blvd. NBI Structure#02220OZZ760000l CDC. # 20.205 Federal Standard Forrn-LLLI, "Disclosure Form to Report Lobbying," in accordance with its instructions,. c. The parties shall reqUirethat the language of this, certification be included in the award Z:� documents, for all subawards, at all tiers, (including subcontracts, subs grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. By executing this Agreement, the parties, affirm this lobbying certification with respect to the Project and affirm this certification of the material representation of facts upon which reliance will be made. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of,not less than $1.0,000 and not more than $100,000 for each such failure. 0 29. Successors and Assigns The State and the Local Govenuiient each binds itself, 'its, success ors, executors, assi,gns, and administrators to the other party to this Agreement and to the successors, executors, assigns, and administrators of such. other party in respect to all coveriants, of this ,Agreement. 30 Local Government Restrictions 'In the case that the loc<al govemment has, an existing, future or proposed local ordinance commissioners court order, rule policy, or other directive that is more restrictive than the state or federal regulations that results in an increase cost to the State for the project, the local govermnent is responsible for all increased costs associated with the ordinance, order, policy, directive, or change. 3 1. Signatory Warranty The signatories to this Agreement warrant that each has the authority to enter,into this Agreement on behalf of the party represented. 32. Termination. The previous agreement executed on Ap�ril 17,, 2006 for project 0902-48-505 is hereby temiinated and replaced with this new agreement. This agreernent will include the funds from the previous agree 'lent,. 13ridge-B11dge_AFA Page I I of 16 Bridge Division Rev 02/02/09 02-,2oO2-L.I CSJ 9. 0902-48-505 Distn",ct # O2-Fort, Worth Code Chart 64 # 50-15000 Project: West 7 th S t. over Clear Fork of Trinit and Forest Park Blvd. -—-------- Y NBI Structure # 02220OZZ76000011 CFDA # 20;,205 TN' TESTIMONY HEREOF, the parties, hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT 0 By: -.Z/_a0M06dM_ Sign ter -fie-Aiw4do Printed Name of Sigi.-iatory Title-, A010f. Date: UNWId by* ......I woo Marty Hendrik,City Secretafy THE STATE OF TEXAS Executed for the Executive Director irector and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and. authorized by the Texas Transportation Commission. .100� 'David P. Hohmann, PE Director, Bridge Division at 0 OR Oi� xuthorl 7* 3- 0 Date: OFFI PIAL RECORD ' C -ECRETARY ITY S FT.WORTHJX Bridge-Br id.ge–A.FA Page 1.2, of 16 Bridge Division Rev 02/02/09 02-2002-L.I CSJ # O9O2-48-505 District# 02-Fort Worth Code Chart 64 # 50-15000 Project- West 7'11 St. over Clear Fork of Trinity and Forest Park Blvd. N-BI Structure # 02220OZZ7600001 CFA # 20.205 ATTACHMENT' A RESOLUTION OR O,RDINANCE OF LOCAL GOVEIkNMENT Bridge-Bridge_AFA Page 13 of 16, Bridge Divi I sion Rev 02/02/09 02-200x,-L.1. esol � on i NO. 36211-05-20108 -00*10000 SOLUTION AUTHORIZING THE EXECUTION OF AN ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE DIVISION Off" F COSTS AND RESPONSIBILITIES ASSOCIATED WITH RECONSTRUCTION. OF THE ST 7 ST ET , RIDGE WHEREAS, Title 23, United States Code Section 144 authorizes federal funds to assist the States In the replacement of deficient bn.d es located on public, ways, roads and streets, nclud n those under the sdiction of local gove eats; and WHEREAS,the Texas 'Transportation Code, Sections zO 1 M 103 and 222.052, establ ish that the State shall plan and make policies for the construction of a comprehensive system of state highways and. public roads ire cooperation Mtn local governments; and WHEREAS, the City of Fort Worth owns a bridge located on a public road or street located at W. �h Street over-the Clear Fork of Tn* and forest Park Blvd. and said bridge is included in the currently approved off-stye system federal-aid Hi hwa rid a Re lacement and Reha ilia do Program HB ) as authorized by Texts Transportation Commission mute Order No., 110479, dated March 2006 by which the City of port Worth is eligible to receive up to $12, 00,0100 HBRRP funds for the reconstruct ion of said r dg e and WHEREAS, the City of Tort Worth and the Texas Department of Transportation w sh to eater into an Advance Funding Agreement ent t set forth the,division of costs and responsibilities associated with the reconstruction of the W. 7hbridge over the Clear Fork of T"`n"ni'ty and Forest park Blvd. NOW,THEREFORE, IT RESOLVED BY THE CITY COUNCIL OF THE CITY O FORT WORTH, TEXAS: Authorizes the City Manager, or his designee, to execute an Advancerunding Agreement with the Texas Department of Transportation to share the costs and responsibilities associated With the reconstruction of the W. 7h lridg,e over the Clear pork of Tnrdt r and Forest Park :blvd.. PASSED AND APPROVED by the City Council of the City of part Worth, Texts on this the 27'hday of a 2008. APPROVED U C 0 U N C"" I L ATTEST: ^ITY • MAy 2 7 2008 *00k XAM C;ity Secretary of ths of Tort Worth,Texas �I City o f Fort Worth, Texas ■ Mayor and %..00'ulncil %.fommunication VIA 1111f11W11%1f1111V AfflIpff"r,"or"" I w A V/1-1�111fi I 011f)"",F t 41� 1 4,"11 4�41,',01 1,IRA),- 4,,. ,ry ....�Y/, wlorvow 4,11 AgFf vrt,A, COUNCIL ACTION: Approved on 5127/2008 Res. No. 3,62 5-20108, & Ord. No. 18122-05-, 2008 "I IVII/- 1/1, - DATE. Tuesday, May 27, 2008 REFERENCE NO C 22828 LOG NAME: 20W.7TH BRD,G RE SIUBJ�ECT: Authorize Termination of City Secretary Contract No., 33,526, an Advance Funding Agreement with the Texas Department of Transportation for the Reconstruction and Rehabilitation of the West 7th Street Bridge; Adopt Resolution Authorizing the Execution of a Replacement Advance Funding Agreement with the Texas Department of Transportation with City Participation Not to Exceed $11,622, O for the Reconstruction, of the West 7th Street Bridge; and $,1,5178,,0100 for Reconstruction of the Cravens Road Bridge; Removal of the Vickery Boulevard Bridge and Removal of the Nine Mile Bridge and Adopt Appropriation Ordinance RECOMMENDAT'ION,, It is recommended that the City Council* 1. Authorize termination of City Secretary Contract No, 33526, an Advance Funding Agreement with the Texas Department of Transportation for the reconstruction and rehabil,itation of the West 7th Street biridge�; 2. Adopt the attached resolution authorizing the City Manager to execute the attached replacement Advance Funding,Agreement with Texas Department of'Transportation, with City participation not to exceed $11,622,000 for the reconstruction of the West 7th Street bridge over the Clear Fork Tr�inity River and Forest Park Boulevard; and $1,578,,000 for reconstruction of the Cravens, Road, bridge over Wildcat Branch,1 and removal of the Vickery Boulevard bridge over Henderson Street and the Nine Mile bridge over tributary of Lake, Worth; 3. Authorize the City Manager to accept $12,010,01,0010 in federal funds from the Hlighway Bridge Replacement and Rehabilitation Program, 4. Authorize,the transfer of$11200,0010 from the Street Improvements fund to the Capital Grants Fund for reconstruction of Cravens Road bridge over Wildcat Branch, removal of the Vickery, B�ouilev�ard, bridge over Henderson Street and removal of Nine Mile bridge over tributary of Lake Worth as the City's 101 percent required, Equivalent Match for this project; 5. Authorize the remainder of costs associated with Recommendation No,. 4, above, estimated at $378,000 to be paid from the Street Improvements Fund-, 6. Authorize the use of up, to $12,000,000 consistent with the 'West 7th Street Bridge Replacement Project listed on the detailed summary of bridge projects of the approved 2008 Bond Program* and 1 7. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund by $13,200,000. Logname: 20W.,7TH BRDG RF, Page I of 3 um 'UISCUSSION: The, existing West 7th Street bridge was bu,ilt in two sections: the first section was built in 1913 over the Clear Fork of the Trinity River prior to its channelization,, this portion now spans, Forest Park Boulevard,. The second section of the bridge was built in 19�55 with the channelizaition, of the river. On November 29, 2005, (M&C, C-211 the City Council approved an Advance Funding Agreement with 'Texas Department of Transportation Tx OT for the rehabilitation of the West 7th Street bridge over the Clear Fork Trinity River (Bridge ID 02220OZZ7600001) at an estimated cost of $5,704,000. The project included the replacement of'the 1913 portion of the bridge and rehabilitation of the 1955 portion, but did not include accommodations for future light-rail, service across the, bridge. At City Council's direction, City Staff has requested that TxDOT expand the project scope of work from rehabilitation to full replacement of the bridge, which will, incliu,d,e accommodations for future light-rail service. Estimated total cost of the expanded project, is $23,622,,000. The basic cost of a like-kind bridge is $112,01010,000 whiich is eligible for Federal and State funding (Federal 80 percent, State 101 percent, and City 10, percent). The City is, responsible for all ineligibile, costs fore upgrades and enhancements (estimated ,cost of$1 0, 0,000). The City is also responsible for 100, percent of any other ineligible coists, such as*,, right-of'-way acquisition, utility relocation, environmental mitigation ands any other non-standard construction at an estimated cost of$11,622, OO�., As an option under TxDOT"s Equivalent-Match program, no direct payment by the City is required for the City's share of the eligible costs of reconstruction of the West 7th Street bridge. In lieu of the 1:0 percent cash participaition for the eligible portion of the project, the City will replace the minor bridge at Cravens Road over Wildcat Branch (estimated cost $1,0123,0100) and remove Vickery Boulevard bridge over Henderson Street (estimated cost $375,000), and also remove Nine Miillle bridge over tributary to Lake Worth (estimated cost $1,80,000)1. The 2004 Capital, Improvement Program provided $1.2 million, for the West 7th Clear Fork bridge and $32,5,000 for the Cravens Wildcat Branch bridge. The 2008 Capital Improvement, Program included $12 million to fund the City's grant-Ineligible portion of'the project. The construction of the West 7th Street bridge will be performed by Tx OT' using its funds and its receipt of Federal pas,s-through funds. The City wi�ll not actually'receive direct revenue from either TxDOT or the Federal government. However, the bridge will be owned by the City of Fort Worth after completion. Since the work will be, performed by Tx T, the City will record the non-City portion of this project as an In-Kind contribution on its grant financial records, estimated to be $12,000,01010. PROGRAM SUMMARY FOR W 7TH STREET BRIDGE REPLACEMENT 0, Federal an city d, Project I State Total Cost Original Project West, 7th Street Bridge $ 12000000-00 $ 12000000-00 10 Percent City Match $1-12 - - - $1,200,00101,00 Total Esimated Costs $ 1200000.00 $ 12000000.00 $ 1320000101.00 Addionial Costs/Upi-Grades Ineligible Up-Grades and Enhancements, $110000000.00 $ 1 00000010,00 100 Percent Ineligible Costs $1 _Q2_2 1.00 0.0 0 1 622 000-00 Total' Addl Cost for Up-Grades, Ito. $ 11622000-00 11622000-00 10 Percent Match of $1,.2M Reallocated Cravens Road Bridge $ 1023000-00 Vickery Road, Bridge $ 375000-001 Nine Mile Bridge $18Q.Q1001.11100 Log,name.- 20W.7TH BRDG RE Page 2 of 3 1578000.00 Minus 10 Percent Match on 7th Street Bridge , ..3000.00) Remaining Cost $ 378000.00 This, project is located in COUNCIL DISTRICT 9. FISCAL INFORMATION I CERTIFICATION: The Finance Director certifies that upon approval of above recommendations and adoption of the attached appropriation ordinance, funds will be availla�ble in the current capital budgets, as appropriated, of the Capital Grants, Fund and the Street Improvement Fund s, FU�ND CENTERS: TO-Fund A c c o u ntIC e nte rs FROM Fund Acc u nt/C enters GR74 4722010 0203022680010 $.1,200,000.00 02001 538070_..209126000301 GR74_ Y�.R.[OUS) 020302268XM $0-I ZQ Q-1 000.00 G.R_74 INKIND 02,03022680,00 $121DL QQ1000.00 GR74 INKIND 020302268XXX $AZ1_000�00 0 00 CEIRTIFICATIONS. SuIbml'Ifte�d for Col'tv Manaaer's Office, Ferns lnd+ Costa (8476) 0Lr:1ginatiing_Qep rtment Head- Greg Simmons (78,62) Addifflonall Information Con ta-0; George Behmanesh (7914) ATTACHMENTS 1. 20W 71t QR DG RE Ord.doc (Public) 2. RESOLUTION.doc (Public) Logname: 20W.7TH BRDG RE Page 3 of 3 I wa F �u u � II L I I u' RUM IN Ll R West 7th Street over Clear Forest land pill a� i I r w ,� Ib �v I� r I f� c mm r' : I�rrri r 111 / MI In A // , NW�JrfJf, ry r r r I r r r.� or is r / i W r 1 s r //, i o ;/,,, ;✓r/i9%rrii,�91r,�. r r rr r / ,.r r r ,• r � r r l u rr, PkI, VAR I r i �� J ,//%„ , ii ri /l/r / UI, r j ly V I r ` m SWISS �f/ v l� �� i6J �uuuuuuuuuu ���� r m. fi 1p e CS J # 0902-48-505 District# 02-Fort Worth Code Chart 64 # 50-15000 Pr Ject: West 7 1h St., over Clear Fork of 01 1 Trinity antJ Forest Park Blvd. NT31 Structure # 02220OZZ7600001 CFA # 20.205 ATTACHMENT C (See Note **) LIST OF DIS'-f"RICT ENGINEER APPROVED EQUIVALENT-MATCH PROJECT(S E ) Location an structure On, Historic Descript'lon of Structural Estimated Cost identification nurnber, if School Bridge? or Safety Improvement applicable) Bus (Yes/No) Work Ro,ttte? (Yes/No) W. Vickery Blvd. over No No Remove the bridge $3751000 Henderson Street NBI #022200ZV4040006 Craven Rd at Wild Cat Yes 'No Replace the bridge $11,023,000 Branch Fort NBI#,022200ZC8175001 Worth ISE) Nine Mile Bridge at No No Remove the existi.ng bridge $95,000 Tributary to,Lake Worth N­B1#022200ZN3580001 J�otal $ 54931000 MP work credited to thi,s PWP (See Note $112001000 Ialance of E-M'—P work available to associated- PWP(s) Associated PWP(s)Control-Section-Job (CSJ) Amount to be Credited to Associated PWP (s,) .0902-48-743. $100,800 Note This total should typically equal the "Balance of Local Goveniment Pai-ticipation that is waived as shown in Attachment D. Note**-, This attachment not a,pplic� e for non--Part l cipatl on-Waived Projects (PWP) I Bridge-Bridge-AFA Page 15 of 16 Bridge Division Rev 02/02/09 02-2002-L.I ATTACHMENT D ESTIMATE OFDIRECT COSTS Local Government Estimated Cost ParticipAtion State and Federal Participation capped at $12,000,000 for the project. Preliminary Engineering(PE) (I) $1,300,0+ 0 Local Government Participation.- "'Fen (10) Percent of PE + an additional $10000 (3), $230,OOO towards the cost of the environmental assessment and remedial work Construction $20,0001000 Engineering and Contingency (E&C) $1?30 1000 The Sum of Construction and E&C (2) $ 21,3001000 Local Government Participation-. Sum of Construction and E&C- State and Federal Participation of$10,830,000 (4) $101470,000 Amount of Advance Funds Paid by Local Government * (5) Amount of Advance Funds,to be Paid by Local Government, (6) $9,5100,000 Balance of Local Government Participation which is to be Waived where the Project is a P (3+ -5-6) $1,200,000 Total Pro ject 'Direct Cost (1+2)$22,6001000 * Credited Against Local Government Participation Amount If this Project is to be a P'", Arnount of .EMP Work Being Credited to this PWP as Shown on Attachment C. $1--1200-,000 Bridge-Bridp_AFA Page I of 16 B dge, Division Rev 02/02/09 02-200241.1